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NY B81029





February 7, 1997

CLA-2-63:RR:NC:TA:352 B81029

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989

Mr. Sidney H. Kuflik
Lamb & Lerch
233 Broadway
New York, NY 10279

RE: The tariff classification of baby carriers from China.

Dear Mr. Kuflik:

In your letter dated January 8, 1997, on behalf of your client Gerry Baby Products Company, you requested a tariff classification ruling. As requested, we are returning the samples that you have submitted.

Three samples, identified as Frame Carrier Models #049, #073, and #083 accompanied your letter. Each of these articles is designed as a baby carrier and is constructed using nylon woven fabric, foam padding and textile webbing straps mounted on a tubular aluminum frame. The feature that distinguishes these baby carriers from those that are wholly of textile is the aluminum frame on which the textile carrying seats are mounted. The frame allows these carriers to support infants and small children of greater size and weight. The three styles vary as to the quality of the fabric and the presence of certain extra features. Style #073 features a permanently attached storage pouch with a hook and loop closure while style #083 features a more elaborate storage compartment with a zipper closure. In view of the fact that the textile components provide the primary functional characteristics to these articles, the essential character of these items has been imparted by the textile fabric.

The applicable subheading for the three styles of baby carriers will be 6307.90.9989, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles, including dress patterns, other, other, other, other, other. The rate of duty will be 7 percent ad valorem.

At the present time there are no quota or visa restrictions applicable for articles classifiable under subheading 6307.9989, HTS.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 212-466-5896.

Sincerely,

Paul K. Schwartz
Chief, Textile and Apparel Branch

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